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Court denies NLRB petition in employer posting rule

September 5, 2013

The full U.S. Court of Appeals for the District of Columbia denied a petition yesterday by the National Labor Relations Board for a hearing on a three-judge panel’s May decision to strike an NLRB regulation that would have required businesses to display a poster advising employees of their rights under the National Labor Relations Act. The latest rejection by the full DC Court of Appeals follows a similar ruling by the full U.S. Court of Appeals for the Fourth Circuit last month.

The NLRB announced the poster requirement in August 2011 despite widespread concerns by the business community. It would have forced nearly all private-sector employers to post a new federal workplace notice that detailed employees’ rights to organize and have unions represent them as to wages, hours, and other conditions of employment with their employer under the National Labor Relations Act. In response, the NRA and more than 30 state restaurant associations filed comments with the NLRB voicing their objections to the mandate, calling it a marketing tool to make it easier for unions to organize workforces.

Notwithstanding those objections, the NLRB moved forward with the posting regulation, and a number of business organizations, including the NRA as part of the Coalition for a Democratic Workplace, sued to have the mandate overturned. The NLRB has 90 days from yesterday’s decision to petition the U.S. Supreme Court for review.